Latest Case: Adoption of A.M.G., S.A.G., K.M.G. & J.C.C (Family Law)

How to Prevent Republican State Legislatures from Stealing the Election

AUSTIN SARAT, DANIEL B. EDELMAN

Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.

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Adoption of A.M.G., S.A.G., K.M.G. & J.C.C

Dockets: 55 WAP 2019, 56 WAP 2019, 57 WAP 2019, 58 WAP 2019

Opinion Date: November 10, 2020

Judge: Max Baer

Areas of Law: Family Law

The Pennsylvania Supreme Court considered issues relating to appellate review of a trial court’s appointment of legal counsel under Section 2313(a) of the Adoption Act relating to whether, and how, an appellate court should review, sua sponte, appointed counsel’s representation of children’s legal interests in a termination of parental rights proceeding. Specifically, the Supreme Court addressed, inter alia, whether reviewing courts must determine sua sponte whether a conflict existed in an attorney’s representation of a child’s best interests and legal interests, and whether counsel’s advocacy for the child’s legal interests included placing the child’s preferred outcome on the record. Appellant T.L.G. (“Mother”) was the mother of four children: A.M.G., S.A.G., K.M.G., and J.C.C (collectively “the Children”). Children and Youth Services ("CYS") filed dependency petitions for all four children, citing the parents' inability to provide proper care, especially in regard to their medical care and school attendance. A termination of parental rights was held in 2018; the children had been placed with their paternal aunt and uncle who were willing to adopt them. Mother appealed termination of her parental rights, arguing the trial court erred in concluding CYS proved the grounds for termination. In addition, she raised her 2313(a) argument. The Supreme Court held that while an appellate court should verify the orphans' court appointed counsel to represent the child's legal interests, it could not assess, sua sponte, the performance of that representation. The Court affirmed the termination of parental rights in this case.